Martinez found not guilty in "fragging" trial

Friday

Dec 5, 2008 at 2:00 AMDec 5, 2008 at 9:40 AM

West Point — A 14-member military jury acquitted Staff Sgt. Alberto Martinez Thursday in the alleged “fragging” deaths of local National Guardsmen 1st Lt. Lou Allen, a native of Chester, and Capt. Phil Esposito of Suffern.

John Sullivan

West Point — A 14-member military jury acquitted Staff Sgt. Alberto Martinez Thursday in the alleged “fragging” deaths of local National Guardsmen 1st Lt. Lou Allen, a native of Chester, and Capt. Phil Esposito of Suffern.

The verdict shocked the victims’ families and left doubt about the investigation into the killings, which occurred in Tikrit, Iraq, more than three years ago. Martinez, 41, of Troy, was charged with killing Esposito, 30, and Allen, 34, with a Claymore mine and staging it to look like a mortar attack by throwing several grenades.

Someone else shouted out that Martinez was a “murdering son of a bitch” before the judge quickly ordered the courtroom to be cleared. Much of the case against the defendant turned out to be circumstantial, leaving room for doubt about the thoroughness of the forensic investigation into the murders. “It’s not clear who actually did it, that’s the bottom line,” commented one of Allen’s aunts, Kathleen Kraus, just before watching the verdict read through a video feed from Fort Bragg, N.C., where the trial was held.

Other observers of the trial from West Point voiced similar concerns. About 10 people watched the video feed, seemingly bewildered by the verdict, which was read at 6:25 p.m.

The defendant, Allen and Esposito were members of the New York Army National Guard, 42nd Infantry Division.

Lou Allen’s parents, Bob and Vivian Allen, as well as his widow, Barbara, were all attending the trial. The family had been renting rooms in the same North Carolina hotel with Esposito’s widow, Siobhan, and his family members since October.

Kraus said her brother, Bob Allen, had not been expecting a death sentence but was holding out hope for life in prison. Vivian Allen had told family members that she would not accept anything less than a unanimous verdict, Kraus said.

“I don’t know how my brother and sister-in-law will go on if he’s not found guilty,” Kraus had said before the verdict was announced.

The panel, consisting of six officers and eight enlisted men, spent most of Thursday morning rehearing taped testimony of witnesses crucial in making the prosecution’s case of motive, weapon and opportunity considering Martinez’s guilt. Witnesses had testified that Martinez, 41, of Troy, harbored a growing animosity toward Esposito, that he received Claymore mines from another supply sergeant, and that he was seen standing in the middle of the road in close proximity to Esposito’s room, looking suspicious, after several explosions went off.

Lawyers for the defense argued that those statements did not prove beyond a reasonable doubt that Martinez was the culprit. Defense lawyers argued that Martinez was not smart enough to plan such a crime and that the crime scene was not thoroughly fingerprinted or investigated for other potential suspects.

“Members of the panel, this is truly a circumstantial case, based on witness testimony based on perceptions,” said defense lawyer, Maj. John Gregory said during closing arguments Tuesday.